bath chipped - legal question

saunaboy

Hi,

I posted yesterday about a botched bathroom fitting. One aspect of this is a chipped bath. It was damaged during installation, with a 1cm chip in surface.

We are talking to the Trading Standards now, The fitter is refusing to replace the bath & claims all he is obliged to do is repair. Is this correct?

thanks for the help !!

Yooj_2

Irrespective of what a companies T&Cs state, anyone providing goods and services are bound by the Sale of Goods Act, and if the company whom sold the bath had provided it damaged, then you are 100% within your rights to ask for a replacement rather than a repair...However, because it was the fitter that damaged the bath rather than the bath supplier, then I 'THINK' (not 100%) that you are only entitled to a repair, and a replacement would be at the fitters discretion.

I am sure that there will be others along soon to confirm or otherwise correct me.

Yooj

vaio

Yooj wrote: »

Irrespective of what a companies T&Cs state, anyone providing goods and services are bound by the Sale of Goods Act, and if the company whom sold the bath had provided it damaged, then you are 100% within your rights to ask for a replacement rather than a repair...However, because it was the fitter that damaged the bath rather than the bath supplier, then I 'THINK' (not 100%) that you are only entitled to a repair, and a replacement would be at the fitters discretion.......

I disagree, if the fitter damaged the bath then unless he can repair it to as new condition (which he won’t be able to) then he should replace it.

As new = invisible repair, no risk of premature failure and written confirmation from the manufacturer that their warranty will still be valid following a repair by a fitter so incompetent he couldn’t fit it in the first place without knocking lumps out of it.

Don’t even think about accepting a repair, my inclination would be to get someone else to replace the bath and collect costs from the [STRIKE]fitter[/STRIKE] firm that employed the fitter.

I might just might (subject to seeing other work they had done) let the same firm send another fitter to remedy the faults and replace the bath, but only if they accepted responsibility for the faults and gave a firm date for full and perfect completion.

.

andyhop

As a bathroom fitter accidents do happen, I have never had a bath, sink shower tray that cant be repaired, Invisible to the eye and warranty from the refinishing company that is equal to manufactors warranty

From my point of view removing the bath can actually cause more damage than a simple chip repair, When we fit baths they are there to stay until the next renovation, Fully supported on all four sides, bonded to walls, Tanked into walls.....Removing will cause more damage!!

Where abouts are you as my refinshing man may have a recommended contact

vaio

andyhop wrote: »

As a bathroom fitter accidents do happen, I have never had a bath, sink shower tray that cant be repaired, Invisible to the eye and warranty from the refinishing company that is equal to manufactors warranty

From my point of view removing the bath can actually cause more damage than a simple chip repair, When we fit baths they are there to stay until the next renovation, Fully supported on all four sides, bonded to walls, Tanked into walls.....Removing will cause more damage!!

Where abouts are you as my refinshing man may have a recommended contact

All very true I’m sure but I’d still want the manufacturers warranty as I’ve just paid for a new bath.

As for removing it causing damage, that’s a shame but down to the fitters as a consequential effect of the bath being damaged and they will have to pay/make good

Inactive

vaio wrote: »

All very true I’m sure but I’d still want the manufacturers warranty as I’ve just paid for a new bath.

As for removing it causing damage, that’s a shame but down to the fitters as a consequential effect of the bath being damaged and they will have to pay/make good

Agreed 100%, the customer is paying for new, not damage repaired.

I would not accept a repair of any kind.